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Had my first accident today...

Discussion in 'General Motorcycling Discussion' at netrider.net.au started by Milos, Nov 23, 2005.

  1. The bike is stuffed! I'm so glad it wasn't mine!!

    The apartment complex where I live has a major blind spot and you can only see a about a meter up the footpath until you're on to it. So did a quick check of the footpath as I crossed to wait at the road. I was looking straight ahead as I went forward and the rest is a bit of a blur, but I seem to recall someone swearing, a smash into my bike and as it was falling to the side a guy flying over it.

    I somehow managed to get off the bike as it came down and just stood there trying to adjust to that the f just happened. Cyclist was ok, just a few grazes on him. Looked at my bike lying on top of his, tried to lift it up and couldn't so I thought it might be stuck to his bike. Then I realised it is a 200kg bike so I just tried harder. Got it back up, he got his bike and the front wheel is warped, forks are slightly bent and his seat had come off aswell.

    I asked if he was going far and he wasn't, so we took his bike back to my place, exchanged details and he was able to call a friend to pick him up. I went back to check the damage on my bike. Nothing major, just scraped on the left radiator guard and the cover the the indicator had come off, it was cracked where it screws in, I was able to take it off and screw it back in place. There's a small gap in the top of the indicator cause the housing's now slightly warped. I'll need to get that sealed before it rains.

    I told him I'll pay for the damage to his bike, but now i'm not sure if I should cover the full costs. He said he was going pretty fast, it was at a major blind spot, and he was on the footpath. I also should have been more careful crossing the footpath so it is my fault too. I might see if he's willing to go halves, I've got enough debts as it is. It's a pretty old mountain bike so it shouldn't cost too much. What do you guys thing?

  2. If he was riding on the footpath, it was wholly his fault.
  3. He should definitely bear some of the cost, if he was riding fast on the footpath.
  4. ^^ agreed, he should have been riding on the road. Footpaths are for walking not riding. Then again, if its a really old bike, it might only cost you 50 bucks to fix it which could all be done in good faith.
  5. I've no comment on the whether you should meet the costs of his repair, but he was in the wrong:


    Road Rules - Victoria

    250. Riding on a footpath or shared path
    (1) The rider of a bicycle who is 12 years old or older must not ride on a footpath.

    Penalty: 1 penalty unit.
  6. Sounds like you should get in touch with the cops mate, that HornBag of yours deserves a swift and fully financed repair job.
  7. Yeah you're both sort of at fault on that one, but the cyclist was the only one breaking the law at the time by riding on the footpath (assuming they were older than 12). Reckon paying half the costs is generous, probably shouldn't pay him anything at all - depends how fast you were going when you crossed the footpath.
  8. footpath=no pushbikes
  9. ring your or drop in the local cop shop .
    ask them , if they say he is at fault or you are then you know where it stands.

    i would check with them as if he is on the footpath then he has some blame , but you do have to preceed safetley from a vechicle or street or driveway .

    ask the coppers they will know .

    is goes something like this ..." a mate of mine ...................." :LOL:
  10. If anything he should be paying for your repairs. Given you were both partly at fault, you could leave it at that and sort your own bike repairs out, but I wouldn't be forking out money to help him.
  11. Relevant to your liability - you should probably have beeped the horn before crossing the footpath.

    Here endeth my 20-20 hindsight! :LOL:
  12. He is completely responsible. He is operating a vehicle on a footpath illegally and by doing so forfeits all rights except where negligence is involved (ie, you deliberately rammed him). You weren't negligent, you checked for pedestrians and then entered the footpath. I'd have helped him as best I could (as you did), but he would also be fixing my bike, that's for sure.

  13. Hehe, guess what I'll be doing in future...? :D

    Thanks for the comments guys! I'll give the guy a buzz shortly and ask him to get a quote to go halves. I'm usually very careful leaving cause I've seen parents with prams corssing before. This time around I was running late so I only gave it a quick glance and saw no one within walking distance. With that blind spot even if I was fully out on the footpath I'm not sure if he'd of been able to spot me in time. But I'd rather cough up 50 - 100 bucks and have a clear conscience.

    It'll cost less that 30 bucks to replace the metal thingy on my bike. After reading that cost of the spare parts in the other post I thought I'd be up for a lot more than that.
  14. I agree that if the cyclist was on the footpath he's liable BUT,

    A vehicle leaving a property and entering a road must give way to all pedestrians & vehicles, that said if the cyclist was breaking the law by riding on the footpath and tries to claim any money off you he could be done for trying to "profit from crime" :wink:
  15. My family home is at the bottom of a hill near a school. It is not an entirely blind spot, but visibility looking up the hill when heading onto the road is poor. Hence my family has had its share of kids flying down the hill on the footpath as fast they can go and slam in to the side of the car. I can remember it happening at least 3 times. We never paid a cent.

    We had one mother ring us up and demand that we paid for her kids dental work because he smashed 2 teeth... They ended up paying for our panel beating. I'm not sure if any of them were older than 12 but i think it came down to whether the footpath was shared or not.

    I remember seeing one kid hit the car and head smack the bonnet. Kid was not damaged because she was wearing a helmet but left a large dent in my dads company car.
  16. Both of you were on the foot path???????

    Looks to me like both of you were at fault
  17. i think he was crossing the footpath - down the driveway to the road.